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FCHR 101 | PHASE 3: KNOWING THE REGULATIONS

After reading through those pertinent statutes/constitutional passages (in Phase 2), you’ll want to brush up on the regulations that govern your Florida-based discrimination lawsuit. Some of which you’ll benefit from knowing within days of filing your COD; others of which you’ll benefit from reading before the FCHR investigation ends.

3.0 | Intro

Good News: Dangerously speaking, 60Y-5.001 FAC is the only important state regulation that you’ll want to read prior to filing your COD.

Better News: TBD has copied & re-formatted all pertinent regulations on this website.

Features:
✔ Free
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o ie, you'll earn book points by reading/accessing these regulations
• learn more about book points here
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Best News: The regulations are much shorter than the laws/statutes. So, you’ll probably find them easier to utilize.

• This difference slightly highlights an important legal pillar (which is at play with your Florida-based discrimination case): Separation of Powers. The regulations are written by the executive branch; while the laws/statutes/rules are not.

Laws/Statutes:	Legislative Branch
Regulations:	Executive Branch
Rules:	Judicial Branch

3.1 | Levels of Regulations

Roughly speaking, the regulations that you’ll come across will be on two levels. The difference between them is based on territory (federal vs state).

Level A (Federal)	EEOC Regulations (29 CFR 1600 through 29 CFR 1695)
Level B (State)	DOAH Regulations (ie, 28-106 FAC)* FCHR Regulations (ie, 60Y-1 through 60Y-5)

*Although these are statewide regulations, they operate like local rules of court

The FCHR regulations tend to mimic their federal counterparts (ie, the EEOC regs). Sometimes, in fact, the state regs cite the federal regs. The relationship between these separate regulations is the product of another key legal pillar: Federalism...

3.2 | Federalism

As mentioned earlier (see Item 3.1), the difference between the two levels of regulation boils down to [territory-based] Federalism. In laymen’s terms, Federalism means that the child government can do what it wants – as long as it obeys the charters/constitutions of the parent government. Here’s a textbook definition:

A system of government wherein power is constitutionally divided between a central government and local governments.

The United States Supreme Court decides that the constitution does not protect a person’s privacy from a certain police tactic. Under the doctrine of federalism, though, a state court may nonetheless interpret its state constitution as prohibiting the same police conduct. The federal and state judicial systems are sufficiently separate so that a state court can afford greater protection to its citizens than the federal courts by a more liberal interpretation of its own constitution and laws. The state courts must observe any minimum federal rights, however, under the Supremacy Clause to the United States Constitution.

This is important to your Florida-based discrimination complaint; because it shows you that the FCHR might use its self-created regulations to subvert constitutional principles. One such incongruent regulation is 60Y-5.004 FAC. A regulation that allows the state agency to enter “no cause determinations” against you. Determinations, importantly, that obstruct/eliminate your right to a trial-by-jury (which is federally guaranteed by the 7th Amendment of the US Constitution).¹ Determinations, importantly, that the FCHR brags about entering [at a high rate (ie, 86%)]; in order to save defendants “millions” of dollars.² Obstructive determinations, importantly, that the EEOC shuns (ie, the EEOC does not author “no cause determinations”).³

So, as you read through the state regulations keep in mind that the FCHR has a federal counterpart that regulates certain things differently (in a material way).

3.3 | TBD’s Ranking of Regulations

Here’s a ranking of the regulations that you’ll encounter the most:

1. 60Y-5.001 FAC

2. 60Y-5.003 FAC

3. 60Y-5.004 FAC

4. 60Y-5.008 FAC

5. Chapter 28-106 FAC

6. 29 CFR 1601.76

➊ Ranked first is 60Y-5.001 FAC (Complaints), because it’s the first regulation that’ll contact your cause of action. It – in effect – tells you who/what/where/when/&how to file your COD. Importantly, it helps establish the filing date of your charge. A filing date that defendants/respondents typically aim to impugn. Typical attacks which, unfortunately, the FCHR aides/prepares them to make.⁴

➋ In second place is 60Y-5.003 FAC (Investigations), because it outlines how the investigation will go. Phase 5 of this TBD walkthrough will delve into that topic, but you can read the entire regulation right now (note: you'll score points by reading it).

➌ Third is 60Y-5.004 FAC (Determination), because the determination will come after the complaint (as well as the investigation). Reading this regulation before the event takes place should prepare you for the next steps.

➍ Chronological order also places 60Y-5.008 (Petition for Relief) in its own slot (which is 4th place). You won’t have to file a PFR until the investigation ends; and, in fact, you might not have to file one at all (14% chance). Your PFR is conditioned on the preceding Determination. Historically, 86% of FCHR determinations have funneled complainants into DOAH; where your PFR will be met. This regulation also spells out what will happen after that DOAH proceeding concludes.

➎ What also spells out the DOAH proceeding is Chapter 28-106 FAC; which is ranked 5th on this list of pertinent regulations. These regs go into greater detail; and they encompass most-of-what-you’ll-need-to-know to complete the DOAH process. Afterwards, you’ll return to the FCHR (unless you settle/withdraw/etc.); who’ll draft a Final Order ("FO") for you (see 60Y-5.008(5) FAC).

➏ Finally – and ranked sixth here – is 29 CFR 1601.76. An important federal regulation that lays out the welcome mat for your 'Request for a Substantial Weight Review'. A document that you must file within 15 days of receiving your FO. A request that’ll yield your Right-to-Sue Letter. A letter, importantly, that will be your ticket to federal court. Here’s a how-to guide for requesting an SWR:

How-To Guide: Request a Substantial Weight Review

Your access to federal court (which 29 CFR 1601.76 provides) will likely be your first/only chance to get a trial-by-jury. A constitutional right that helps protect against perjurous/evidence-destroying judges (such as DOAH ALJ Edward Gary Early).

3.4 | Constitutionality

Pursuant to the democratic principles of the United States, none of the regulations are allowed to be unconstitutional. Thus, the essential requirements of law (which even the FCHR [purportedly] reviews – at the FO stage) entail constitutional protections. Your Due Process rights (5th Amendment) and your Equal Protection rights (14th Amendment) live within that ambit.

So, if you get grazed/injured by an unconstitutional regulation (of any variety), then you can challenge that regulation. In fact, you can even initiate an appeal on its unconstitutionality.

Real-World Example (caveat = this was for a rule instead of a regulation):

TBD’s Founder has suffered injuries at the hands of an unconstitutional local rule. To be specific, USFLND Local Rule 5.4(A) places different terms & conditions on pro se litigants. TBD’s statistical analysis shows that pro se civil rights litigants are disproportionately black. And given the lack of a compelling government interest [for the disparity in treatment], the local rule violates the 14th Amendment (Equal Protections Clause). Thus, USFLND’s local rule is just a disguised method to discriminate against black people.

For that reason, TBD’s Founder exercised his 1st Amendment right; by petitioning the government for redress. The courts, however, did not respond by addressing the facts of the case. Rather, the courts responded by trying to punish TBD’s Founder; an ill that continues to this day.

So, keep in mind that seeking redress from unconstitutional rules/regulations may lead the government to commit more unconstitutional acts against you. Nevertheless, to help you guard against unconstitutional abuses, TBD has copied/re-formatted the US Constitution (and the FL Constitution) here for your benefit (note: you'll score points by reading them).

3.5 | TBD’s Recommendations

Within days of (or even before) filing your COD, have a full understanding of the following regulations:

• Chapter 60Y-5 FAC

• 29 CFR 1601.70

• 29 CFR 1601.76

• Chapter 60Y-1 FAC through Chapter 60Y-4 FAC

Before you file your PFR at DOAH (or your civil complaint in state court), have a full understanding of the following regulation:

• Chapter 28-106 FAC

As your FO looms near, keep an SWR Request at-the-ready; which you’ll load with this [aformentioned] regulation:

• 29 CFR 1601.76

That's it. As you read through these regulations you’ll be “getting booked up” on the knowledge/resources that you’ll need to get justice.

Thus, this growing knowledge of yours will be an asset to you as you navigate through the FCHR legal process. And you can further expand that knowledge by learning about the next phase (ie, Phase 4: The Rules)...

Footnotes

¹ The FCHR accomplishes this obstruction by virtue of the fact that “no cause determinations” (as opposed to “cause determinations”) bar litigants from going to court. Instead, litigants must navigate through an administrative proceeding from a sister agency. A [dependent] sister agency (ie, DOAH) that gets a large percent of its funding from its transferring sister (ie, the FCHR). DOAH proceedings, of course, prohibit trials-by-jury.

² See Page 8 of the FCHR's 2019 Annual Report (as well as identical sections from other reports). A section in which the FCHR religiously extolls its defendant-protecting triumphs.

³ See EEO Law Basic 12-B(10), American Bar Association. Unlike the FCHR, the EEOC does not enter trial-hampering "no cause" determinations.

⁴ In Summer 2023, TBD witnessed the FCHR try to obfuscate the filing date of a COD. Consequences for the infraction are still pending; so, contact TBD for more details.

Congratulations! You're now booked up on Phase 3 (The Regulations) regarding the way the legal process operates within the State of Florida!

Keep this in mind while you litigate your civil rights case in the sunshine state. Also, keep in mind the FCHR's statutory ability to accept bribes.

Plus - at all times - keep the 7th Amendment of the US Constitution (your right to a trial-by-jury) in mind.

As always, please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

FCHR 101 | PHASE 3: KNOWING THE REGULATIONS

3.0 | Intro

3.1 | Levels of Regulations

3.2 | Federalism

3.3 | TBD’s Ranking of Regulations

3.4 | Constitutionality

3.5 | TBD’s Recommendations

Footnotes

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FCHR 101 | PHASE 3: KNOWING THE REGULATIONS

3.0 | Intro

3.1 | Levels of Regulations

3.2 | Federalism

3.3 | TBD’s Ranking of Regulations

3.4 | Constitutionality

3.5 | TBD’s Recommendations

Footnotes

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages You Might Also Like

thank you, come again!
TBD 1.037